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B. KRISHNA MOHAN
K. Eswar Reddy – Appellant
Versus
State of Andhra Pradesh, rep. by its Principal Secretary, School Education Department – Respondent
ORDER :
W.P.No.19712 of 2022 :
This writ petition is filed questioning the action of the respondent No.2 in issuing the e-procurement notice NIT No.125/2022 dated 15.06.2022 incorporating the condition No.2.2.3 (a).
2. The counsel for the petitioners submits that the petitioners are the farmers running poultry farms for the last so many years. While so the respondent No.2 issued e-procurement notice NIT No.125/2022 dated 08.06.2022 for the year 2022-23 giving eligibility criteria under para 2.2.2 by allowing the consortium of poultry farmers to participate in the tenders subject to fulfilling all the other eligible conditions with a restriction of the number of farmers in the consortium to a maximum of four original poultry farmers which cannot be exceeded to. The Para 2.2.3 of the said notice envisages that the suppliers, dealers, traders, marketers, third persons and brokers forming joint venture or partnership or doing poultry formation on lease farms or tenant farmer are not eligible to participate in the bid. The said tender notification was also published in the daily newspa
The court held that imposing an experience requirement on manufacturers for government supply contracts, absent from the original tender documents, is arbitrary and unjustified.
Point of law: Tender/Contract – Judicial Review - Equal opportunity granted to all technically qualified bides – No question of violation of fundamental rights.
Point of Law : When some defect is found in the decision-making process, court must exercise its discretionary powers under Article 226 with great caution and should exercise it only in furtherance o....
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